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    lizzie1704's Avatar
    lizzie1704 Posts: 8, Reputation: 1
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    #1

    Apr 18, 2012, 11:55 AM
    Serving move-away papers
    I am ready to serve my ex husband with papers he lives in my home town where my parents still live. I live out of state. He already has told me that if I plan on serving him through the mail, he is going to refuse the paperwork and not sign for it.. which is eventually going to be returned to me... meaning pro-longing this court date... Can my dad serve him? He knows where he lives, and his place of work. Would this be an all around better option... or do I have any other options to get these papers to him??

    Thanks in advance.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Apr 18, 2012, 02:18 PM
    We need to know what state this is in before we can tell you as it varies by state who can do what.
    lizzie1704's Avatar
    lizzie1704 Posts: 8, Reputation: 1
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    #3

    Apr 18, 2012, 02:45 PM
    Im in California. California is the state I filed in. my dad and my ex live in Montana
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Apr 18, 2012, 02:53 PM
    Yes it looks like it can be allowed so long as the rules are followed and he will have to fill out paperwork for the courts (California).

    Here is a link for you:

    Ref:

    Montana Rules of Civil Procedure - ServeNow.com

    (quote)

    D. Service.
    1.By whom served.
    1.Service of all process shall be made in the county where the party to be served is found by a sheriff, deputy sheriff, constable, or any other person over the age of 18 not a party to the action.
    lizzie1704's Avatar
    lizzie1704 Posts: 8, Reputation: 1
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    #5

    Apr 18, 2012, 03:05 PM
    Thank you very much
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Apr 18, 2012, 05:30 PM
    Quote Originally Posted by califdadof3 View Post
    Yes it looks like it can be allowed so long as the rules are followed and he will have to fill out paperwork for the courts (California).

    Here is a link for you:

    Ref:

    Montana Rules of Civil Procedure - ServeNow.com

    (quote)

    D. Service.
    1.By whom served.
    1.Service of all process shall be made in the county where the party to be served is found by a sheriff, deputy sheriff, constable, or any other person over the age of 18 not a party to the action.
    OP says she filed in California. Thus she has to serve her ex according to the California rules, not the Montana rules.

    Ah. Never mind:

    "CALIFORNIA CODE OF CIVIL PROCEDURE
    SECTION 413.10-413.40
    413.10. Except as otherwise provided by statute, a summons shall be
    served on a person    :
    (a) Within this state, as provided in this chapter.
    (b) Outside this state but within the United States, as provided
    in this chapter or as prescribed by the law of the place where the
    person is served    ."

    I'm curious, by the way, what sort of a lawsuit has she filed against her ex husband?
    lizzie1704's Avatar
    lizzie1704 Posts: 8, Reputation: 1
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    #7

    Apr 18, 2012, 05:42 PM
    Permission to move away.. he disagrees,with me moving our son closer to him, and wants him to stay on san diego because that's where our child was born. So I have to get the courts permission, which means I have to serve him.
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